S T A T E O F N E W Y O R K
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5857--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to
certified school counselors and the recovery of disability benefici-
aries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 102 of the retirement and social security law is
amended by adding a new subdivision e-2 to read as follows:
E-2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, A RETIREE OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM WHO IS RETIRED ON A DISABILITY ALLOWANCE, WHO IS A
CERTIFIED SCHOOL COUNSELOR IN THIS STATE AND WHO RETURNS TO GAINFUL
EMPLOYMENT AS A CERTIFIED SCHOOL COUNSELOR AT THE ELEMENTARY OR SECOND-
ARY SCHOOL LEVEL IN THIS STATE SHALL CONTINUE TO RECEIVE THE FULL AMOUNT
OF HIS OR HER RETIREMENT ALLOWANCE, INCLUDING THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.
S 2. Section 402 of the retirement and social security law is amended
by adding a new subdivision f-2 to read as follows:
F-2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, A RETIREE OF THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM WHO IS RETIRED ON A DISABILITY ALLOWANCE, WHO IS
A CERTIFIED SCHOOL COUNSELOR IN THIS STATE AND WHO RETURNS TO GAINFUL
EMPLOYMENT AS A CERTIFIED SCHOOL COUNSELOR AT THE ELEMENTARY OR SECOND-
ARY SCHOOL LEVEL IN THIS STATE SHALL CONTINUE TO RECEIVE THE FULL AMOUNT
OF HIS OR HER RETIREMENT ALLOWANCE, INCLUDING THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03880-03-0
A. 5857--A 2
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend Sections 102 and 402 of the Retirement and
Social Security Law to allow certain disability retirees to work as
certified school counselors and continue to receive their disability
retirement benefit.
If this bill is enacted, insofar as it will affect the New York State
and Local Employees' Retirement System and the New York State and Local
Police and Fire Retirement System, we expect few retirees to be
affected. There would be negligible additional annual costs.
This estimate, dated January 11, 2010, and intended for use only
during the 2010 Legislative Session, is Fiscal Note No. 2010-69,
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.